26. Combating impunity must start at home, that is within the agency
(police or prison service, military authority, etc.) concerned. Too often the
esprit de corps leads to a willingness to stick together and help each other
when allegations of ill-treatment are made, to even cover up the illegal acts
of colleagues. Positive action is required, through training and by example, to
promote a culture where it is regarded as unprofessional – and unsafe from
a career path standpoint – to work and associate with colleagues who have
resort to ill-treatment, where it is considered as correct and professionally
rewarding to belong to a team which abstains from such acts.
An atmosphere must be created in which the right thing to do is to report
ill-treatment by colleagues; there must be a clear understanding that culpability for ill-treatment extends beyond the actual perpetrators to anyone
who knows, or should know, that ill-treatment is occurring and fails to act to
prevent or report it. This implies the existence of a clear reporting line as well
as the adoption of whistle-blower protective measures.
27. In many States visited by the CPT, torture and acts such as ill-treatment in
the performance of a duty, coercion to obtain a statement, abuse of authority,
etc. constitute specific criminal offences which are prosecuted ex officio. The
CPT welcomes the existence of legal provisions of this kind.
Nevertheless, the CPT has found that, in certain countries, prosecutorial authorities have considerable discretion with regard to the opening of a preliminary
investigation when information related to possible ill-treatment of persons
deprived of their liberty comes to light. In the Committee’s view, even in the
absence of a formal complaint, such authorities should be under a legal obligation to undertake an investigation whenever they receive credible information, from any source, that ill-treatment of persons deprived of their liberty
may have occurred. In this connection, the legal framework for accountability
will be strengthened if public officials (police officers, prison directors, etc.)
are formally required to notify the relevant authorities immediately whenever
they become aware of any information indicative of ill-treatment.
28. The existence of a suitable legal framework is not of itself sufficient to
guarantee that appropriate action will be taken in respect of cases of possible ill-treatment. Due attention must be given to sensitising the relevant
authorities to the important obligations which are incumbent upon them.
When persons detained by law enforcement agencies are brought before prosecutorial and judicial authorities, this provides a valuable opportunity for such
persons to indicate whether or not they have been ill-treated. Further, even in
Effective investigation of ill-treatment – Guidelines ► Page 74
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